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MINER v. CITY OF YONKERS

19 Misc.2d 321 (1959)

Sylvia Miner et al., Plaintiffs, v. City of Yonkers et al., Defendants.

Supreme Court, Special Term, Westchester County.

June 12, 1959.

Attorney(s) appearing for the Case

Sugar, Kuttner, Fuss & Leon London (Howard Kuttner of counsel), for plaintiffs.

Bleakley, Platt, Walker, Hart & Fritz (John C. Marbach and John F. Minicus of counsel), for Vioe Realty Corp. and others, defendants.

J. Raymond Hannon, Corporation Counsel, for City of Yonkers and another, defendants.

SAMUEL W. EAGER, J.

This action attacks the validity of City of Yonkers General Ordinance No. 15-1958 which amended the General Zoning Ordinance of said city to reclassify and place in a "BA" District (a business apartment district) a parcel of 28.3940 acres of land situate on the easterly side of Central Park Avenue. Prior to the amendment, a greater portion of the parcel was restricted to residential use....

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